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Republic of the Philippines)

City of Dumaguete…………) S.S.

JOINT COMPLAINT-AFFIDAVIT

WE, ANGELICA FONTEJON MAHAMUD and MARIA CIELITE


FORTICH FONTEJON, both of legal age, Filipino, married and a resident Poblacion,
Sibulan, Negros Oriental, Philippines, after having been sworn to in accordance with law,
do hereby depose and say that:

1. Our mother, Narcisa F. Fontejon, along with her siblings, Josefina F. Divino
and Teodora F. Santillan, are the registered owners of a parcel of lot known as
Lot No. 892-A, Psd-07-054090, Sibulan Cad. 141 situated at Magatas,
Sibulan, Negros Oriental, consisting of an area of 1,657 square meters, and
covered by TCT No. T-34899. TCT No. T-34899, Tax Declaration, and our
Certificate of Live Birth are hereto attached Annexes “A”, “B”, “C” and “D”,
respectively.

2. On 15 August 2014, I (ANGELICA FONTEJON MAHAMUD) purchased


from my mother a 152 portion of Lot No. 892-A with a residential house
found thereon. The Deed of Sale dated 15 August 2014 are pictures of the
residential house are hereto attached as Annexes “E” and “F”, respectively.

3. Prior to my (ANGELICA FONTEJON MAHAMUD) purchase of the 152


portion of Lot No. 892-A with a residential house, Lot No. 892-A has been
subdivided by my mother, Josefina F. Divino and Teodora F. Santillan, and
distributed to their respective children and/or sold to other persons.

4. Considering that I (ANGELICA FONTEJON MAHAMUD) am now residing


in Manila, I designated MARIA CIELITE FORTICH FONTEJON, who lives
right beside the property, as the caretaker of the 152 portion of Lot No. 892-A
with residential house I purchased from my mother.

5. On 09 January 2016, our mother Narcisa F. Fontejon died. Our mother’s


Death Certificate is hereto attached as Annex “G”.

6. Sometime in the first week of July 2021, our brother, ROGER FONTEJON,
together with JOSEL MONTEJO, JERRYAN FORTICH and NICO
FORTICH, approached me (MARIA CIELITE FORTICH FONTEJON) and
told me that “Gipaguba na ni evelyn ning balay ninyo! Naa na mi mga
papel!”. EVELYN FONTEJON FUJIWARA is our sister who is residing in
Japan. She is furious that our mother sold the said residential lot to me
(ANGELICA FONTEJON MAHAMUD), and is claiming that she is the
rightful owner thereof.

7. Thereafter, respondents ROGER FONTEJON, JOSEL MONTEJO,


JERRYAN and NICO FORTICH, at the behest of respondent EVELYN
FONTEJON FUJIWARA, proceeded to illegally destroy and/or demolish the
residential house, estimated to have a value of around PHP800,000.00, I
(ANGELICA FONTEJON MAHAMUD) purchased from my mother. After a
period one week, the said residential house was totally destroyed and/or
demolished. I (MARIA CIELITE FORTICH FONTEJON) attempted to stop
them, but ROGER FONTEJON threatened to call the police and have me
arrested. I (MARIA CIELITE FORTICH FONTEJON) was also afraid of my
safety as ROGER FONTEJON was a convicted felon, and I was afraid that he
would harm me and my family. Pictures of respondents destroying the

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residential house and the Police Report are hereto attached as Annexes “H”
and “I”, respectively.

8. The illegal and criminal acts of the respondents caused us mental anguish,
anxiety and sleepless nights. Thus, aside from actual damages in the amount
of PHP800,000.00 representing the value of the residential house they
destroyed and/or demolished, we are also praying that they be made liable for
moral damages.

9. We are executing this Joint Complaint-Affidavit to attest to truthfulness of the


foregoing statements, and to file a case against respondents ROGER
FONTEJON, JOSEL MONTEJO, JERRYAN FORTICH, NICO FORTICH
and EVELYN FONTEJON FUJIWARA for the crime of Malicious Mischief
and any other crime or offense under the Revised Penal Code and/or other
special laws.

IN WITNESS WHEREOF, I hereunto affix my signature this ______ day of


October 2021 at Dumaguete City, Negros Oriental, Philippines.

ANGELICA F. MAHAMUD MARIA CIELITE F. FONTEJON


Affiant Affiant
VIN 2103-0043F-E2268AFM20000-4 Driver’s License G02-07-002590

SUBSCRIBED AND SWORN to before me this ______ day of October 2021 at


Dumaguete City, Negros Oriental, Philippines.

Doc No. ____;


Page No.____;
Book No.____;
Series of 2021.

CERTIFICATION

THIS IS TO CERTIFY that I personally examined the affiant and that I am fully
convinced and satisfied that he voluntarily executed and understood this instrument.

Doc No. ____;


Page No.____;
Book No.____;
Series of 2021.

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